HM Revenue & Customs has suffered a major blow in one of the longest-running and most consequential employment status disputes in British tax history, with a tribunal ruling that 60 football referees engaged by the Professional Game Match Officials Limited (PGMOL) were genuinely self-employed, not employees, as the tax authority had insisted for almost a decade.

The decision, handed down at the First-tier Tribunal, means HMRC will be denied £584,000 in employment taxes it had argued were owed. The department retains the right to appeal, but the verdict has already been seized upon by tax specialists as a potentially seismic moment for the millions of contractors, freelancers and businesses operating in the UK’s flexible labour market.

Specialist contractor insurance provider Qdos described the outcome as one of the most significant employment status rulings in history, warning that it lays bare a “fundamental flaw” in HMRC’s own Check Employment Status for Tax (CEST) tool, the digital instrument introduced in 2017 and used millions of times to determine whether a worker should be taxed as employed or self-employed.

The case turned on two principles long regarded as the bedrock of employment case law: mutuality of obligation (MOO), whether a worker is obliged to accept work and the engager obliged to provide it, and control, namely the extent to which a business directs how services are performed. The tribunal ruled that referees were neither mutually obliged to work for PGMOL nor sufficiently controlled in how they performed their duties to be classed as employees.

Seb Maley, chief executive of Qdos, said the ruling directly undermines HMRC’s interpretation of the very rules it polices.

“This landmark verdict directly challenges HMRC’s very understanding of employment status, exposing a fundamental flaw in the tax office’s employment status tool, which is in desperate need of an overhaul,” he said.

“For years, HMRC has insisted that mutuality of obligation exists in every contract, so much so that its CEST tool barely scratches the surface on it. The latest twist in this case highlights the need for a rigorous review of CEST, which has been used millions of times to set the employment status of individuals, in turn determining whether they pay tax as a self-employed worker or employee.”

Maley added that the result should reassure firms that engage contractors. “Make no mistake, this result is good news for businesses that engage contractors and self-employed workers, ultimately because it proves that factors like mutuality of obligation and control really aren’t as narrow as HMRC has been contending.”

He also took aim at the sheer length of the proceedings. “With the first hearing in 2018, we’re nearly a decade into this case, the result of which could yet be appealed. If that doesn’t highlight the desperate need for the simplification of employment status, I don’t know what does. With a government consultation on the matter underway, it’s vital that verdicts like this, which put people through hugely stressful ordeals and cost the taxpayer a staggering amount, are taken into account.”

A decade in the courts

The dispute stretches back to PGMOL’s engagement of referees as self-employed contractors during the 2014/15 and 2015/16 tax years. HMRC opened the first front in 2018, arguing at the First-tier Tribunal that the officials should have been treated as employees because they were mutually obliged to work for PGMOL.

The FTT disagreed, finding insufficient mutuality of obligation. HMRC appealed and lost again at the Upper Tribunal in 2020, which upheld the original ruling that the minimum test for employment had not been met.

A further HMRC appeal took the case to the Court of Appeal in 2022, which reversed the earlier decisions and concluded that mutuality of obligation did exist on each match day, sending the dispute back to the FTT for reconsideration.

PGMOL escalated matters to the Supreme Court in 2024, where its appeal was dismissed, again sending the case back to the FTT. It is at this latest hearing that PGMOL’s position has now finally been vindicated, with the judge ruling that the referees were neither mutually obliged to work nor sufficiently controlled by PGMOL to be employees.

For Britain’s SME community, which leans heavily on freelance and contract labour, the decision is more than a footnote in a niche sporting dispute. It strikes at the heart of how HMRC interprets and enforces the very employment status rules it designed, and adds further pressure on Whitehall to deliver the long-promised simplification of a system that has tied businesses, workers and the courts in knots for years.

Jamie Young

Jamie is Senior Reporter at Business Matters, bringing over a decade of experience in UK SME business reporting.
Jamie holds a degree in Business Administration and regularly participates in industry conferences and workshops.

When not reporting on the latest business developments, Jamie is passionate about mentoring up-and-coming journalists and entrepreneurs to inspire the next generation of business leaders.

Britain’s over-50s are paying the heaviest price for Labour’s workers’ rights overhaul, with the number of older jobseekers unable to find work climbing by 22 per cent since 2023, according to the latest figures.

Just shy of a million workers aged 50 and above are currently locked out of the labour market, the latest Labour Force Survey data shows, with the age group consistently registering the highest rates of redundancy across the workforce.

Some 917,000 people aged 50 to 66 are unable to find a job, rising to 996,743 once those aged 66 to 70, many of whom remain keen to work despite being eligible for the state pension, are included.

Industry leaders have laid the blame squarely at the door of the Employment Rights Act and the Chancellor’s increase in employer National Insurance contributions (NICs), arguing that the combined cost has made firms markedly more cautious about taking on new hires, particularly more experienced and therefore more expensive ones.

“Older workers, likely on higher salaries than their Gen Z colleagues, have borne the brunt of businesses reassessing their hiring strategies,” said Kevin Fitzgerald, UK managing director at jobs platform Employment Hero.

Alex Hall-Chen of the Institute of Directors echoed the concern, pointing to the Employment Rights Act, the rise in employer NICs and successive increases to the minimum wage as a triple blow that has dampened employer appetite for risk.

Although the Act’s provisions apply to workers of all ages, several measures hit older employees disproportionately hard in practice. The scrapping of the cap on payouts for successful unfair dismissal claims is widely expected to prove costlier in cases involving over-50s, who tend to command higher salaries and whose tribunal awards are typically calculated as multiples of pay.

The Act’s expanded right to request changes to hours or location, particularly where employees are juggling health conditions or caring responsibilities — is also likely to be invoked more frequently by workers in their 50s and 60s, many of whom are supporting elderly parents or managing their own long-term conditions.

Compounding the picture are structural shifts beyond Westminster’s control. The rapid adoption of artificial intelligence across white-collar roles and the lingering hangover from the post-Covid jobs downturn have together hollowed out mid-to-senior positions that older workers have traditionally relied upon.

Lyndsey Simpson, founder of career-coaching platform 55/Redefined, said the fallout from losing a senior or well-remunerated role in one’s 50s can be devastating and long-lasting.

“That’s why people are ‘age-scrubbing’ their CVs. They remove dates, hide early roles and play down seniority because they know age can work against them before they even get an interview,” she said.

Dr Andrea Barry of the Centre for Ageing Better warned that the scale of the crisis among older workers is now comparable to the much-discussed plight of young people not in education, employment or training (Neets), yet receives a fraction of the attention.

“The Government is right to invest in solutions for the current youth employment crisis, but the labour market is in crisis at both ends of the age range and on a similar scale,” she said.

For SME employers already grappling with rising payroll costs, tightening tribunal exposure and the spectre of further regulation, the temptation to play it safe at the recruitment stage is proving difficult to resist, and it is Britain’s most experienced workers who are bearing the cost.

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I graduated from the University of Western Australia in 1984 with a degree in electronic engineering and from 1984 until 1998 worked in the commercial construction industry as an engineer, a project manager and an operations manager.
I began investing in the stock market 2 months prior to the 1987 stock market crash and thus quickly learned about the downside potential of stocks. Only slightly daunted by the rather inauspicious timing of my entry into the world of financial market investments, my interest in the stock market grew steadily over the years.
In 1993, after studying the history of money, the nature of our present-day fiat monetary system and the role of banks in the creation of money, I developed an interest in gold. Another very important lesson soon followed: gold may be the ideal form of money for those who believe in free markets and a wonderful hedge against the inherent instability of the government-imposed paper currencies, but it is not always a good investment.
By mid-1998 the time and money involved in my financial market research/investments had grown to the point where I was forced to make a decision: scale back on my involvement in the financial world or give up my day job. The decision was actually quite an easy one to make and so, at the beginning of 1999, I began investing/trading on a full-time basis.
My major concern in deciding to pursue a career in which I devoted all of my time to my own investments was that I would miss the personal interaction that had been part and parcel of my business management career. The Speculative Investor (TSI) web site was launched in August of 1999 as a means for me to interact with the world by making my analysis/ideas available on the Internet and inviting feedback from others with similar interests.
During its first 14 months of operation the TSI web site was free of charge, but due to the site’s growing popularity I changed it to a subscription-based service in October of 2000. Its popularity continued to grow, although I remained — and remain to this day — a professional speculator who happens to write a newsletter as opposed to someone whose overriding focus is selling newsletter subscriptions.
My approach is ‘top down’; specifically, I first ascertain overall market trends and then use a combination of fundamental and technical analysis to find individual stocks that stand to benefit from these broad trends. This approach is based on my experience that it’s an order of magnitude easier to pick a winning stock from within a market or market sector that’s immersed in a long-term bullish trend than to do so against the backdrop of a bearish overall market trend. Fortunately, there’s always a bull market somewhere.
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